New infringement notices for falls and high-risk construction work offences

These changes create new infringement offences for:

• Failure to use a risk control measure if there is a risk of a fall at a workplace: regulation 44A.
• If an employer is only using administrative controls to reduce the risk of a fall, failure to create a record explaining the work and the administrative control being used: regulation 46(1).
• Failure to make sure a record made under regulation 46 is kept readily accessible to people doing work at the workplace, HSRs of any affected DWG, and WorkSafe, for the duration of the task to which the administrative control relates: regulation 46(3) and regulation 46(3A).
• Failure to create a SWMS before beginning high risk construction work: regulation 327(1).
• Failure to make sure a SWMS is kept readily accessible to people doing work at the workplace, HSRs of any affected DWG, and WorkSafe, for the duration of the high-risk construction work: regulation 329(1) and regulation 329(2).

Full list of infringement offences under the OHS Regulations

If a WorkSafe inspector issues an infringement notice, the penalties are:

• For the new offence at regulation 44A (failing to use a control measure to manage the risk of a fall from height): $418.20 for individuals and $2091 for corporations
• For the other offences: $250.92 for individuals and $1254.60 for corporations

If WorkSafe decides to prosecute through the courts, the court decides the penalty. However, it cannot be more than

• For the offence at regulation 44A: $20,910 for individuals or $104,550 for corporations.
• For the other offences: $12,546 for individuals or $62,730 or corporations

These penalty amounts are correct until 30 June 2027. They may be higher after that date.

High Risk Construction Work (HRCW) involves construction work:

• where there is a risk of a person falling more than 2 m
• on or next to roadways or railways used by road or rail traffic
• in, over or next to water or liquids where there is a risk of drowning
• at workplaces where there is any movement of powered mobile plant
• where there are structural alterations that require temporary support to prevent collapse
• in an area where there are artificial extremes of temperature
• on or near energised electrical installations or services
• involving a trench or shaft if the excavation depth is more than 1.5 m
• on or near pressurised gas distribution mains or piping
• involving demolition
• involving a confined space
• on or near chemical, fuel or refrigerant lines
• involving tilt-up or precast concrete
• on telecommunications towers
• involving diving
• involving removal or likely disturbance of asbestos
• in an area that may have a contaminated or flammable atmosphere
• involving the use of explosives
• involving a tunnel.

More information

The new infringement offences do not require employers to do anything different to control the risk of falls. Employers must still use the hierarchy of control for falls risks in regulation 44 of the OHS Regulations. WorkSafe has guidance on how to apply the hierarchy of control in your workplace

See falls from heights guidance

The changes allow WorkSafe to issue an infringement penalty if there is a risk of a fall of two metres or more at a workplace and the employer:

• has not used any of the risk controls listed in regulation 44 of the OHS Regulations
• is using only lower order controls, and these controls are not adequate to control the risk. Lower order controls are:
  • a fixed or portable ladder
  • administrative controls
  • a combination of a ladder and administrative controls.

WorkSafe can also take enforcement action against an employer who does not use the hierarchy of control for falls risks in regulation 44 of the OHS Regulations. This can include prosecution through the courts.

In this situation, the inspector will decide which duty holder should receive an infringement notice, based on the evidence available to them.

WorkSafe may choose to take enforcement action against more than one duty holder, if the evidence demonstrates that more than one person has committed an offence. This might involve issuing an infringement notice or taking other enforcement action.

If you have received an infringement notice and you believe that the notice should have been issued to someone else, or you wish to challenge the issuing of the infringement notice, you can

• request an internal review of the decision or
• choose to have the infringement offence heard and determined in the Magistrates’ Court.

From 31 March 2027, if you create a SWMS or a record of administrative controls under regulation 46, it must be:

• kept at the workplace where the relevant work is being done, for as long as the work is being done
• readily accessible to employees or any other person doing work at the workplace, including HSRs for as long as the work is being done
• readily accessible for inspection by WorkSafe for as long as the work is being done

"Readily accessible" means that it should be easy for employees, people doing the work and HSRs to access the documents. For example:

• a printed copy of the document is kept in the crib room
• an electronic copy is saved in a shared folder that everyone has access to. There is a sign in the crib room with a QR code or instructions on how to access it from a mobile phone or laptop.

A WorkSafe Inspector can also ask to see a SWMS or a record of administrative controls. Having these documents readily accessible means they can be given to an inspector quickly and easily.

Falls from height continue to be a leading cause of serious workplace injuries and fatalities in Victoria. WorkSafe inspectors also continue to observe non-compliance with SWMS requirements for high-risk construction work.

The changes are designed to improve compliance with safety requirements, strengthen deterrence, and help prevent avoidable workplace injuries and deaths.

The regulations will commence on 31 March 2027.

The changes do not create new safety duties—they introduce additional enforcement options for existing requirements.

Employers should continue to:

• Control the risk of falls in accordance with the hierarchy of control.
• Prepare a SWMS before high-risk construction work begins.
• Ensure high-risk construction work is carried out in accordance with the SWMS.
• Keep required records relating to fall-risk controls and SWMS available at the workplace.

Review your current systems and processes to ensure they meet existing requirements before the changes take effect.

You must do one of the following options by the due date:

• pay
• request a payment extension
• request a payment plan
• request an internal review
• elect to go to court

Further enforcement action may be taken, and further costs may be incurred if the infringement penalty isn’t paid by the due date. You may also take any other action available under the Infringements Act 2006 or the Fines Reform Act 2014 to avoid these consequences.

Find out more about infringement notices

For resources to help prevent falls in the workplace, visit the Falls webpage.

Information on preparing and using a SWMS for high-risk construction work is available on the SWMS webpage.

You can report it to WorkSafe Victoria online or by calling our Advisory service on 1800 136 089. The line is open Monday to Friday, 8:00am to 5:30pm.